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Who's moving energy in West Virginia
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This bill prohibits West Virginia's Public Service Commission from approving utility rate increases that include costs for intermittent power sources like solar or wind energy. It specifically blocks the Commission from considering construction, operation, maintenance, or decommissioning costs for facilities relying solely on variable energy sources (defined as those dependent on weather and not fully controllable). Existing contracts signed before the law takes effect are exempt, but new expansions or commitments to such projects cannot be included in rate hikes. The bill also requires the Commission to submit an annual report to the Legislature assessing the law's impact on energy rates, reliability, and affordability.
HB 4635 requires West Virginia's Public Service Commission to hold hearings on rate adjustment requests from public electric utilities and issue recommendations to the legislature. The bill shifts final approval authority for utility rate changes from the Commission to the state legislature, ending the Commission's prior power to approve such adjustments. It also directly affects coal-fired electricity generators by mandating they maintain a minimum average rate of electricity production. This bill applies specifically to public electric utilities, particularly those operating coal-fired facilities, and changes the process for approving rate increases.